Legal Opinion

Sacramento Suburban Fruit Lands Co. v. Niles

Supreme Court of Minnesota

Decided November 12, 1915No. Nos. 19,436—(82)Published

Action in the district court for Koochiching county to recover $450 upon a promissory note. From an order of the court commissioner for the county vacating a judgment entered by default and allowing defendant to defend, plaintiff appealed.

1Opinion of the Court

Taylor, C.

A judgment was rendered against defendant by default in a suit upon a promissory note. Shortly thereafter defendant procured from the court commissioner an order to show cause why the judgment should not be vacated and defendant be permitted to answer and defend. At the *130hearing the court commissioner made an order in terms vacating the judgment and directing that defendant’s proposed answer stand as the answer in the ease. Plaintiff appealed from this order.

The order is not appealable. The court commissioner is clothed “with judicial, power and jurisdiction not exceeding the power…

2Cases cited2 opinions

  1. Hoskins v. BaxterSupreme Court of Minnesota · 1896
  2. Betts v. NewmanSupreme Court of Minnesota · 1903

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